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(영문) 서울중앙지방법원 2018.02.07 2017노3424

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Defendant by mistake of facts, it can be known that the Defendant stated in the facts charged is a provisional article. As such, the Defendant stated false facts.

In addition, it cannot be seen that a bona fide person has interfered with the work of victims merely because he/she has notified the fact to prevent damage caused by household goods.

shall not be deemed to exist.

B. The punishment of the lower court is too heavy.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the Defendant is a trade name “B”; the victim C is a “D”; the victim E is a trade name “F” and the victim E is a person engaged in the business of selling and selling and selling and being entrusted with a heavy and long-term reputation room, etc.

On the other hand, around June 2014, the Defendant: (a) requested two consignments from G to “Irh,” each of the victims; (b) posted a photograph of the above bank on the Internet homepage of the store operated by the victims around that time; (c) readily concluded that the above bank was a product sold by the victims solely based on one’s experience and uncertain materials; and (d) spread false facts to the effect that the victims frequently sold the said bank on the Internet website, etc., and that the victims sold the said bank as if they were the genuine products.

1) On June 24, 2014, around 15:59, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) refers to the Victim E for the purpose of slandering the victim E by accessing the Internet’s knowledge bulletin board at the “I” store, which is a medium and high-ranking seller of the first floor of H building in Gangnam-gu Seoul Metropolitan Government, by using a mobile phone, and accessing the Internet, which is a trading site of the Internet.